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(영문) 서울동부지방법원 2019.08.22 2019노818
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unreasonable because of the fact that the lower court’s punishment (two years of imprisonment) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneased and unreasonable.

2. In full view of the sentencing grounds to be considered disadvantageous to the defendant, including the fact that the investigating agency voluntarily manifested the crime, the confession and reflect of the crime, etc., and the fact that there are many records of the same kind of crime, and the frequency of the crimes, etc., the sentencing grounds to be considered disadvantageous to the defendant, as well as the sentencing grounds indicated in the records and arguments of this case, the lower court seems to have been appropriately determined by fully taking into account all the circumstances, including the circumstances of various kinds of sentencing claimed by the defendant and the prosecutor.

Defendant

The prosecutor's assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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